CO537-1657 — Page 4

13 F.O. H. K.

14 H. K. Tel 1080 Secuti

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18-9-46

I have attached opposite a memorandum on the history of Kowloon City. The position up to 1935 was summarized in a note by Sir G.E. Gent (dated 22nd July 1935 at 5A on 53552) and this, with the insertion of one paragraph, which appears between asterisks, forms the first part of the memorandum. The following paragraphs summarize events from 1935 to the present day.

I attach also a copy of the Treaty of Peking of 15A June 9th 1898, providing for the original lease of

the New Territories, and a copy of the Order-in-Council 15B

of 20th October, 1898, incorporating the Treaty. A copy of the Order-in-Council of 27th December, 1899, revoking the clause which allowed the Chinese jurisdiction over Kowloon City is not yet obtainable, but it can be seen on page 590 of Vol. XXI of Hertslet's Treaties (flagged).

The present position is very much the same as it was in 1935. The Chinese have not recognized the Order-in-Council of 27th December, 1899, and while we might still claim that the exercise of Chinese jurisdiction over Kowloon, would run counter to the military requirements of Hong Kong, it is perhaps doubtful whether we should be upheld in an international court of law.

On the other hand to allow the Chinese this concession at the present time would inevitably mean that China would be one step nearer achieving her aim of the early return of the New Territories.

I.B. Whyte,

21.9.46.

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